Page 266 - Middleborough 2024 Town Report

J. (3) (4) (5) based on the nature of use. Off-street loading facilities shall be screened from public use areas, and shall
not block streets, access ways, driveways, parking, and/or pedestrian areas.
Location of Parking. Any surface parking lot shall be located at the side or rear of a Building, relative
to any public right-of-way, public open space, or pedestrian way. In no case shall surface parking for new
construction be permitted within any applicable restricted Front Setback area.
Waiver of Parking and Loading Requirements. The Planning Board may grant a waiver of the standards
or prescribe safeguards and conditions in Section 8.7(I) as it shall warrant appropriate, provided that
it finds that it is impractical to meet the standards and that such modifications are appropriate by
reason of the proposed Use and will not result in or worsen parking or traffic problems in the WGO,
and would not impair the development of housing within the District that is appropriate for diverse
populations, including households with children, other households, individuals, households including
individuals with disabilities, and the elderly.
Shared Use of Required Parking. Shared use may be made of required parking spaces by intermittent
Use establishments (for example, churches, assembly halls, or theaters) whose peak parking demand is
only at night or on specific days of the week may be shared with other Uses whose peak demand is only
during the day, or in public parking lots, subject to the paragraph below. At the time of application, a
formal agreement shall be made in recordable form and recorded at the Registry of Deeds by the
owners of the Uses involved concerning the number of spaces involved, substantiation of the fact that
such shared use is not overlapping or in conflict, and the duration of the agreement. The applicant shall
demonstrate to the satisfaction of the Planning Board that shared spaces will meet parking demands by
using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared
Parking Guidelines, or other industry established studies on shared parking).
(6) Cooperative Establishment and Operation of Parking Areas. Required spaces for any number of Uses
may be provided in a combined Lot or Lots (public or private), provided that the number of spaces in
the combined facility shall not be less than the sum of those required of the individual Uses, with
allowances made, upon formal designation, for night use or for separate and distinct working shifts, and
provided also that such Lot or Lots shall be within 150 feet of the Principal Buildings served.
(7) Parking Design. Parking shall be designed and constructed to comply with all applicable state and
federal disability access requirements including but not limited to the Massachusetts Building Code, the
Americans with Disabilities Act (ADA), and 521 CMR.
General Development Standards. All uses permitted in the WGO must comply with the following:
(1) Does not regularly emit noxious odors, noises, or dust particles, or smoke, or pose danger, such as
manufacture of acids, gases, fertilizers and glue, petroleum refining, reduction of animal matter, and
manufacture of cement, gypsum, or explosives.
(2) Does not present a danger to persons within or outside the WGO by reason of emission of odor, fumes,
gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, threat of fire
or explosion, or any other reason.
(3) Meets all applicable dimensional, density, design, drainage, safety, parking, signage, lighting, and other
land use standards and regulations set forth in this bylaw for the underlying zone, except for those
standards that are specifically modified by this Section 8.7, or specifically modified by the Planning
Board in its review of the application for Site Plan Review.
(4) Site Design. Unless waived in accordance with Section 8.7(E)(2)(iv), following specific site and
construction standards shall be observed in the development of a WGO project:
i. Roadways/pedestrian access. Where intended for dedication and acceptance by the Town, the
principal roadway(s) serving the site shall be designed to conform to the standards of the
Subdivision Regulations and any other relevant standards of the Town unless otherwise required by
the Planning Board. Private ways shall be adequate for intended vehicular traffic, including
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